People v. Seaman
Appellate Division of the Supreme Court of the State of New York
This is an appeal from an order denying defendant’s application for a certificate to remove the prosecution of a charge against him for violation of section 31 of the Liquor Tax Law, from a Court of Special Sessions to the Grand Jury of Queens county, pursuant to section 1406 of the charter of the city of New York. Appellant is entitled to a trial by jury and in a Court of Record having jurisdiction of crimes of the grade of felony.
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This is an appeal from an order denying defendant’s application for a certificate to remove the prosecution of a charge against him for violation of section 31 of the Liquor Tax Law, from a Court of Special Sessions to the Grand Jury of Queens county, pursuant to section 1406 of the charter of the city of New York. Appellant is entitled to a trial by jury and in a Court of Record having jurisdiction of crimes of the grade of felony. The People v. McMahon, unreported decision of Andrews, J. S. C.; Wynehamer v. People, 13 N. Y. 378; People v. Johnson, 2 Parker’s Rep. 322; Warren v. People, 3…
1Opinion of the Court
Section 1406 of the charter of the City of New York supersedes section 35 of the Liquor Tax Law, within the city of New York.
Board of Excise Comm. v. Burtis, 103 N. Y. 136; Lyddy v. L. I. City, 104 N. Y. 218; Heckman v. Pinckney, 81 N. Y. 211; Bowen v. Lease, 5 Hill, 221; People v. Brooklyn, 69 N. Y. 605.
It is proper to consider the title of a statute in considering its purposes and meaning. People ex rel. Collins v. Spicer, 99 N. Y. 225; People ex rel. Jackson v. Potter, 47 N. Y. 375.
The charter and the Liquor Tax Law are to be considered together. Smith v. The People, 47 N. Y. 330; Chase v.…
2Cases cited13 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Smith v. . the PeopleNew York Court of Appeals · 1872
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
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